Matson, Justice.
This is an appeal from the judgment of conviction of defendant for assault in the second degree.2 The information charged that defendant made an assault on one Arthur F. Porter with a weapon (a knife) likely to produce grievous bodily harm and that defendant wounded Porter with the knife.
On July 29,1950, about 1:25 a. m., Rita Mary Buhl and her friend Margaret M. Pickhartz met defendant at Seven Corners in St. Paul. Margaret was engaged to marry defendant. Shortly thereafter they met and fell into a conversation with Lawrence Everson, who had been visiting drinking places the same evening. The four of them went to Everson’s home in his car. Everson left the other three at his home, saying that he had an arrangement to meet someone, and returned shortly thereafter with Arthur F. Porter and Violet E. Nelson.
The men drank some beer and some of the party sang. Before very long Everson allegedly made coarse advances toward Rita, though Everson denies this, and at this point Rita, Margaret, and defendant decided to leave. Witnesses testified that defendant [411]*411asked Everson to drive them home bnt that Everson refused. A heated argument ensued.
Defendant and the two women left and went to the sidewalk beyond a fence in front of the Everson home. Everson came out into the yard on the other side of the fence — either right behind them or shortly afterward — and the argument relative to the request to drive them home continued. It was then between 2 and 2:30 in the morning. While the argument was going on, Porter came out as peacemaker.
Porter testified that he walked up close to defendant (but with the fence between them) and that defendant struck him in the shoulder with a knife. Everson testified that Porter said to him that defendant had a knife but that he, Everson, saw only a shiny object in defendant’s hand and that he did not know what it was. Porter was cut in the upper arm.
It was denied that defendant struck Porter with a knife and defendant attempted to show (1) that he had no knife and (2) that Porter was cut by a piece of glass.
As to the question of whether defendant had a knife, Margaret testified that when Everson was talking with the group at Seven Corners defendant jokingly said that he did not have enough money to buy food at a restaurant, whereupon she, Margaret (also in jest), proceeded to search him. She said that she found no knife. Rita corroborated this testimony. Margaret said that Everson was present at the time of the search, but Everson testified that no search took place in his presence. Margaret also testified that defendant was wearing a jeweled ring on his finger, the inference being that this was the shiny object which Everson saw.
On the question of whether Porter was cut by a piece of glass, Everson testified that when Porter told him that defendant had a knife he, Everson, ran into the house and got a beer bottle which he threw at defendant. He said that the bottle did not hit defendant but flew across the street and broke against the curb. Margaret and Rita, on the other hand, testified that the beer bottle hit the fence and broke, and Margaret said that there was glass by the [412]*412fence. The defense urges that it was this glass which cut Porter.
A police officer testified, however, that he searched for glass shortly afterward and that he did not find any glass anywhere along the fence, but that he did find glass, apparently from a beer bottle, in the yard and gutter across the street.
The testimony of two doctors who examined Porter after he was hurt is in conflict. Dr. William P. Mulvaney, the police surgeon, testified that he could not be sure that Porter was the man brought in, but that a man about his age was brought in. He said that the man had a wound just a little above his left elbow; that it was a jagged laceration about one-half a centimeter in extent, a V-shaped laceration; and that he believed it was caused by glass rather than by a knife. A police officer, on the other hand, testified that Dr. Mulvaney said that the wound could have been caused by either a knife or glass. Dr. John Howard Allen, an intern at Ancker hospital who treated Porter, said that the wound was in the upper part of the left arm; that it was about three-quarters of an inch long, approximately one inch deep, cleanly incised, and not jagged; that there was no evidence of any foreign matter in the wound; and that, while he could not state exactly what type of instrument had produced the wound, it must have been at least one inch long, three-quarters of an inch wide or less, and quite sharp.
At the close of all of the evidence, the trial court gave some instructions to the jury relative to the law of circumstantial evidence and refused to give other instructions as requested by defendant. The jury found defendant guilty.
The issues on appeal are three:
(1) Does the evidence sustain the verdict?
(2) Did the trial court err in refusing to instruct the jury on the law of circumstantial evidence as requested by defendant?
(3) Did the trial court err in the instructions which it gave relative to circumstantial evidence?
The evidence is in conflict. Where, however, the evidence is competent and sufficient to sustain a conviction beyond a reasonable doubt, it is for the jury to judge the credibility of the witnesses, [413]*413to find the facts, and draw inferences in the light of all the evidence, and its verdict must stand.3 The evidence in the case at bar is sufficient to sustain the jury’s verdict as to defendant’s guilt.
Defendant requested the court to instruct the jury on circumstantial evidence as follows:
“You are instructed that the State in this case is relying upon what is known as circumstantial evidence * *
Where there is both direct and circumstantial evidence, it is not error, in the absence of a request, to omit jury instructions as to circumstantial evidence. State v. Colcord, 170 Minn. 504, 212 N. W. 894. And, see, Annotation, 89 A. L. R. 1379. Likewise, where there is both direct and circumstantial evidence, a request for an instruction which is incorrect as applied to the facts of the case may properly be denied. State v. Bailey, 235 Minn. 204, 50 N. W. (2d) 272.
In the case at bar, the proposed instruction states that the prosecution’s case was based on circumstantial evidence. The record shows that the prosecution’s case was "based on the direct testimony of Porter that defendant committed the crime charged, although there was corroborative inculpatory circumstantial evidence. This being so, the requested instruction was properly denied. See, People v. Lapara, 181 Cal. 66, 70, 183 P. 545, 546-547.
The trial court in its instructions to the jury directed the jury to consider all the circumstances surrounding and connected with the case. The following paragraph, however, was also included:
“During the course of your examination as prospective jurors, you were questioned by counsel regarding the rule of circumstantial evidence * *. *. The Court is giving you no instruction regarding circumstantial evidence, because all of the evidence upon which the State relies in this case is direct evidence, and circumstantial evidence is not involved. * * * Therefore,
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Matson, Justice.
This is an appeal from the judgment of conviction of defendant for assault in the second degree.2 The information charged that defendant made an assault on one Arthur F. Porter with a weapon (a knife) likely to produce grievous bodily harm and that defendant wounded Porter with the knife.
On July 29,1950, about 1:25 a. m., Rita Mary Buhl and her friend Margaret M. Pickhartz met defendant at Seven Corners in St. Paul. Margaret was engaged to marry defendant. Shortly thereafter they met and fell into a conversation with Lawrence Everson, who had been visiting drinking places the same evening. The four of them went to Everson’s home in his car. Everson left the other three at his home, saying that he had an arrangement to meet someone, and returned shortly thereafter with Arthur F. Porter and Violet E. Nelson.
The men drank some beer and some of the party sang. Before very long Everson allegedly made coarse advances toward Rita, though Everson denies this, and at this point Rita, Margaret, and defendant decided to leave. Witnesses testified that defendant [411]*411asked Everson to drive them home bnt that Everson refused. A heated argument ensued.
Defendant and the two women left and went to the sidewalk beyond a fence in front of the Everson home. Everson came out into the yard on the other side of the fence — either right behind them or shortly afterward — and the argument relative to the request to drive them home continued. It was then between 2 and 2:30 in the morning. While the argument was going on, Porter came out as peacemaker.
Porter testified that he walked up close to defendant (but with the fence between them) and that defendant struck him in the shoulder with a knife. Everson testified that Porter said to him that defendant had a knife but that he, Everson, saw only a shiny object in defendant’s hand and that he did not know what it was. Porter was cut in the upper arm.
It was denied that defendant struck Porter with a knife and defendant attempted to show (1) that he had no knife and (2) that Porter was cut by a piece of glass.
As to the question of whether defendant had a knife, Margaret testified that when Everson was talking with the group at Seven Corners defendant jokingly said that he did not have enough money to buy food at a restaurant, whereupon she, Margaret (also in jest), proceeded to search him. She said that she found no knife. Rita corroborated this testimony. Margaret said that Everson was present at the time of the search, but Everson testified that no search took place in his presence. Margaret also testified that defendant was wearing a jeweled ring on his finger, the inference being that this was the shiny object which Everson saw.
On the question of whether Porter was cut by a piece of glass, Everson testified that when Porter told him that defendant had a knife he, Everson, ran into the house and got a beer bottle which he threw at defendant. He said that the bottle did not hit defendant but flew across the street and broke against the curb. Margaret and Rita, on the other hand, testified that the beer bottle hit the fence and broke, and Margaret said that there was glass by the [412]*412fence. The defense urges that it was this glass which cut Porter.
A police officer testified, however, that he searched for glass shortly afterward and that he did not find any glass anywhere along the fence, but that he did find glass, apparently from a beer bottle, in the yard and gutter across the street.
The testimony of two doctors who examined Porter after he was hurt is in conflict. Dr. William P. Mulvaney, the police surgeon, testified that he could not be sure that Porter was the man brought in, but that a man about his age was brought in. He said that the man had a wound just a little above his left elbow; that it was a jagged laceration about one-half a centimeter in extent, a V-shaped laceration; and that he believed it was caused by glass rather than by a knife. A police officer, on the other hand, testified that Dr. Mulvaney said that the wound could have been caused by either a knife or glass. Dr. John Howard Allen, an intern at Ancker hospital who treated Porter, said that the wound was in the upper part of the left arm; that it was about three-quarters of an inch long, approximately one inch deep, cleanly incised, and not jagged; that there was no evidence of any foreign matter in the wound; and that, while he could not state exactly what type of instrument had produced the wound, it must have been at least one inch long, three-quarters of an inch wide or less, and quite sharp.
At the close of all of the evidence, the trial court gave some instructions to the jury relative to the law of circumstantial evidence and refused to give other instructions as requested by defendant. The jury found defendant guilty.
The issues on appeal are three:
(1) Does the evidence sustain the verdict?
(2) Did the trial court err in refusing to instruct the jury on the law of circumstantial evidence as requested by defendant?
(3) Did the trial court err in the instructions which it gave relative to circumstantial evidence?
The evidence is in conflict. Where, however, the evidence is competent and sufficient to sustain a conviction beyond a reasonable doubt, it is for the jury to judge the credibility of the witnesses, [413]*413to find the facts, and draw inferences in the light of all the evidence, and its verdict must stand.3 The evidence in the case at bar is sufficient to sustain the jury’s verdict as to defendant’s guilt.
Defendant requested the court to instruct the jury on circumstantial evidence as follows:
“You are instructed that the State in this case is relying upon what is known as circumstantial evidence * *
Where there is both direct and circumstantial evidence, it is not error, in the absence of a request, to omit jury instructions as to circumstantial evidence. State v. Colcord, 170 Minn. 504, 212 N. W. 894. And, see, Annotation, 89 A. L. R. 1379. Likewise, where there is both direct and circumstantial evidence, a request for an instruction which is incorrect as applied to the facts of the case may properly be denied. State v. Bailey, 235 Minn. 204, 50 N. W. (2d) 272.
In the case at bar, the proposed instruction states that the prosecution’s case was based on circumstantial evidence. The record shows that the prosecution’s case was "based on the direct testimony of Porter that defendant committed the crime charged, although there was corroborative inculpatory circumstantial evidence. This being so, the requested instruction was properly denied. See, People v. Lapara, 181 Cal. 66, 70, 183 P. 545, 546-547.
The trial court in its instructions to the jury directed the jury to consider all the circumstances surrounding and connected with the case. The following paragraph, however, was also included:
“During the course of your examination as prospective jurors, you were questioned by counsel regarding the rule of circumstantial evidence * *. *. The Court is giving you no instruction regarding circumstantial evidence, because all of the evidence upon which the State relies in this case is direct evidence, and circumstantial evidence is not involved. * * * Therefore, you mil dismiss from your mind any consideration regarding the law of circumstantial evidence * * (Italics supplied.)
[414]*414It is defendant’s contention that this instruction was prejudicial, because the defense was based on circumstantial evidence and the trial court told the jury to disregard the law of circumstantial evidence. This contention is erroneous, because (1) the trial court’s instruction taken as a whole specifically directed the jury to take into consideration all the circumstances surrounding and connected with the case; (2) the trial court made it clear in directing the jury to disregard the law of circumstantial evidence that it had reference only to inculpatory evidence; and (3) instructions for the evaluation of circumstantial evidence in a criminal case by their very nature and purpose are applicable only to inculpatory evidence.
It is to be noted that the trial court in giving its instructions above quoted carefully pointed out that no instruction as to circumstantial evidence was being given, because all the evidence on which the state relied was direct evidence. This made it clear to the jury that the trial court, in directing that no consideration be given to the law of circumstantial evidence, referred only to evidence on which the prosecution relied for conviction. Furthermore, in charging the jury to disregard the law of circumstantial evidence, the court did not order the jury to give no consideration to circumstantial evidence. In fact, the court did the very opposite when in a subsequent portion of its charge it specifically ordered the jury in arriving at its conclusions to take into consideration “all the circumstances surrounding and connected with the case, as disclosed hy the evidence.” (Italics supplied.) It is elementary that a charge to a jury must be construed as a whole. '
Moreover, the law of circumstantial evidence, as used in the jury charge, has no application to exculpatory evidence. This becomes clear when we consider (1) the purpose of instructions on the law of circumstantial evidence; (2) the difference between inculpatory and exculpatory evidence; and (3) the distinction between the prosecution’s burden of proof and defendant’s status of presumed innocence.
[415]*415The state has the burden of proof throughout the trial. The burden of proof requires that the state prove that defendant is guilty beyond a reasonable doubt, and an instruction embodying this requirement must be given to the jury. Where the state is relying on circumstantial evidence for a conviction, then the defendant is entitled to an instruction with respect to the law thereof, the guiding rule being that—
“Circumstantial evidence will not sustain conviction of a crime unless the sum of reasonable inference therefrom is ‘consistent with the hypothesis that the accused is guilty and inconsistent with any rational hypothesis except that of his guilt.’ That proposition is founded upon the presumption of innocence and its demand that guilt be proved beyond a reasonable doubt. ‘If any one or more circumstances found proved are inconsistent with guilt, or consistent with innocence, then a reasonable doubt as to guilt arises.’ ”4
Stated another way, where proof of a crime rests on circumstantial evidence, the “circumstances proved” must be of such a conclusive nature as to exclude to a moral certainty every rational hypothesis except that of guilt. By the term “circumstances proved” is not meant every circumstance as to which there may be some testimony in the case, but only such circumstances as the jury finds proved by the evidence.5
Instructions as to the law of circumstantial evidence, therefore, are given to guide the jury in evaluating the inculpatory circumstantial evidence insofar as it appears in a case for the purpose of establishing the guilt of the accused. Such instructions, which place restrictions upon the jury’s use of inculpatory circumstantial [416]*416evidence, are given to protect the accused by confining the jury, in arriving at a verdict of guilt, to a reliance only upon such facts and circumstances as form a complete chain which, in the light of the evidence as a whole, leads so directly to the guilt of the accused as to exclude, beyond a reasonable doubt, any reasonable inference other than that of guilt.6 The need for protective restrictions upon the use of inculpatory circumstantial evidence is elementary. For example, where circumstantial evidence consists in reasoning from a minor fact or series of minor facts to establish a principal fact, the process is fatally vicious if the circumstances, from which an attempt is made to deduce a conclusion of guilt, depends upon speculation and conjecture.7
An entirely different situation exists, however, with respect to circumstantial evidence received to exculpate the accused — i. e., to fortify his legal status of presumed innocence — by explaining or rebutting the evidence which the prosecution relies upon for conviction. Unlike the prosecution, the accused has no burden of proof, but enjoys a presumption of innocence. Section 611.02 provides:
“Every defendant in a criminal action is presumed innocent until the contrary is proved and, in case of a reasonable doubt, is entitled to acquittal; * *
As already noted, this presumption of innocence remains with defendant throughout the trial,8 and he is entitled to an instruction to the jury embodying the presumption.9 Defendant is not required to prove exculpatory facts beyond a reasonable doubt nor even by a preponderance of the evidence. It is enough if such exculpatory [417]*417facts are sufficiently established to create a reasonable doubt as to his guilt.10 All circumstances which in any way explain incriminating matters in evidence are relevant for exculpatory purposes and, wholly free of the limitations imposed by the restrictive instructions governing the use of inculpatory evidence, must be considered by the jury in determining whether the accused is guilty beyond a reasonable doubt.11 Any rule to the contrary, instead of protecting the accused in the maintenance of his presumed position of innocence, would be likely to impair his unquestioned right to have the jury take into consideration all the surrounding circumstances. The error of applying the converse of the circumstantial-evidence rule is illustrated by the homicide case of Sikes v. State, 120 Ga. 494, 48 S. E. 153, wherein the court said:
“* * * In addition to the defendant’s contention that he repudiated this statement [indicative of guilt], he claimed that the course of the bullet from the mouth through the top of the head, its lodgment in the ceiling immediately over where he was standing, the length of the gun, the position in which it was alleged to have been held, and all of the physical facts were circumstances which showed that the homicide was the result of an accident. Having advanced this theory, which he claimed was supported by circumstantial evidence, the court made a charge on that subject, which is the only error we find in the record. As we understand, Ms honor charged the converse of the rule laid down for those cases in wMch the State relies on circumstantial evidence; he instructed the jury that if the defendant sought to make out his defense by circumstantial evidence, the proved facts must not only be consistent with innocence, but inconsistent with guilt.
“In all cases the burden is upon the State. It is only half carried when it establishes an hypothesis of guilt but leaves also an hypothesis of innocence. Which of the two shall the jury take? If both theories are consistent with the proved facts, the very uncertainty as to which is correct requires that the jury should give the benefit [418]*418of the doubt to the defendant. But when the tables me turned, and the defendant relies on cvrcumsta/ntial evidence, he is not obliged to remove the doubt. It is sufficient if he create a reasonable doubt. Me is not obliged to prove his innocence, but may rely on the failure of the State to establish his guilt. Hence, if the defendant relies on circumstantial evidence to establish his innocence, and the proved facts establish an hypothesis consistent with his innocence and sufficient to create a reasonable doubt of his guilt, this is sufficient, and it is not necessary that he should go further in his proof and exclude every possible idea of his guilt.” (Italics supplied.)
There was no error in the trial court’s instructions, when read as a whole, to justify a reversal, and the judgment of conviction should be affirmed.
Affirmed.